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MATTER OF WILLIAMS v. SMITH

72 N.Y.2d 939 (1988)

In the Matter of James Williams, Appellant, v. Harold J. Smith, as Superintendent of Attica Correctional Facility, Respondent. (Appeal No. 1.) In the Matter of James Williams, Appellant, v. Harold J. Smith, as Superintendent of Attica Correctional Facility, Respondent. (Appeal No. 2.)

Court of Appeals of the State of New York.

Decided July 6, 1988.

Attorney(s) appearing for the Case

Edward L. Chassin and Norman P. Effman for appellant.

Robert Abrams, Attorney-General (O. Peter Sherwood, Peter H. Schiff and Mark R. Walling of counsel), for respondent.

Chief Judge WACHTLER and Judges SIMONS, KAYE, ALEXANDER, TITONE, HANCOCK, JR., and BELLACOSA concur.

MEMORANDUM.

The orders of the Appellate Division should be affirmed.

Petitioner claims his parole revocation, based on the violation of one of his conditions of parole, is invalid because the conditions of parole were not filed with the Secretary of State pursuant to Executive Law § 102 and article IV, § 8 of the State Constitution. We disagree. Conditions of parole are not "rules" within the meaning of...

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